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TUE IXDIAXAPOLTS JOURXAL, WEDNESDAY, FEBRUARY 5, 1902.
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INDIANAPOLIS
INDIANA
BOARD OF DIRECTORS
ANCE,
HTA
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v3 1 JL iLf
OFFICERS
CHARLES A. SUDLOW President
F. E. MARSH...- Vice President
R. L. DOUGLAS Second Vice President
F. B. DAVENPORT Secretary
IL W. BUTTOLPH Actuary
E. F. HODGES Medical Director
H. B. HOLLO WAY Treasurer
H. R. STAUFFER.. Medical Inspector
A. P. SIMMONDS Superintendent of Agencies
H. J. MILLIGAN.... General Counsel
FINANCE COMMITTEE
THOS. H. SPANN, Chairman.
WILLIAM E. KURTZ, CORTLAND VAN CAMP,
M. B. WILSON, H. J. MILLIGAN,
C. E. COFFIN, E. I. FISHER,
CHALES A. SUDLOW.
JANUARY 1, 1902
ASSLTS
Bonds and Mortgages $45,018.51
Collateral Loans 500.00
Loans to Pol icy-Holders 149,835.94
Cash in Banks and Office. 19.00Z8S
Interest Due and Accrued 4,212.67
Premiums in Process of Collec
tion and Deferred Premiums. . . 20,001.23
Total Admitted Assets $239,171.23
LIABILITIES
Policy Reserve (Combined Expe
rience and 4 per cent) $176,502. 4S
Premiums Paid in Advance. .... 364.99
Net Surplus 62,303.76
Total $239,171.23
INCOME IN 1901
Total Income from All Sources.. $193,626. 60
Total Income. ; $193,626.60
DISBURSEMENTS IN 1901
Total Disbursements $113,749.88
Balance Excess Income over
Disbursements 79,876.72
Total Disbursements and Balance.. $193,626.60
RESULTS OF THE YEAR. 1901
Increase in Total Income 48 Per Cent.
Increase in New Premium Income 35 Per Cent
Increase in Renewal Premium Income 85 Per Cent
Increase in Admitted Assets 25 Per Cent
Increase in Net Surplus 33 Per Cent
Increase in Insurance in Force 57 Per Cent
D. P. ERWIX. Indianapolis. Capitalist.
THUS. IL SPANN. Indianapolis, Real
Estate and Insurance.
WM. E. KURTZ. Indianapolis, Capitalist
and Manufacturer.
CORTLAND VAN CAMP. Indianapolis,
Capitalist and President Van Camp Hard
ware and Iron Company.
HARRY J. MILLIGAN, Indianapolis, Capi
talist, Lawyer.
WILLIAM FORTUNE. President Indians.
State Board of Commerce.
E. I. FISHER, Indianapolis, Banker.
AQUILLA Q. JONES, Indianapolis, Law
yer. DR. E. F. HODGES, Indianapolis. Medical
Director of Company.
GEORGE BROWN, Indianapolis, Rear Ad
miral U. S. N.
JOHN B. COCKRUM, Indianapolis, Law
yer, General Counsel L. E. & W. K. II.
AUGUST M. KUHN, Indianapolis, Presi
dent Consolidated Coal and Lime Com
pany. DR. O. S. RUNNELS, Indianapolis, Sur
geon. M. B. WILSON, Indianapolis, President
Capital National Bank.
CHARLES E. COFFIN, Indianapolis, Presi
dent Central Trust Company.
CHARLES A. SUDLOW, Indianapolis,
President of Company.
F. E. MARSH, Indianapolis, Vice President
of Company.
MORTIMER LEVERING. Indianapolis
President Columbia National Bank.
E. C. DE IIORITY, Elwood, Cashier First
National Bank.
CHAS. W. MILLER. Goshen. Lawyer,
President State Bank and President Elk
hart County Trust Company.
S. J. STRAUS, Ligonier, President Citi
zens' Bank.
JUDGE AZRO DYER. Evansville, Lawyer.
DR. ALBERT G. CRAIG. Vevay, Cashier
First National Bank.
HARRY I. MILLER. Terre Haut. General
Manager Vandaiia Railroad fystem.
HENRY TERSTEGGE. New Albany. Man
ufacturer Stoves and Tinware.
JOHN C. NELSON. Logan?porL Lawyer.
JOHN R. JOHNSTON. Hartford City. Glass
Manufacturer.
GRIFFITH D. DEAN. Marlon. Lawyer.
Retired
T. F. MOORMAN, Winchester,
Banker.
FREDERICK BIMEL. Portland,
facturer Smokes and Hubs.
Manu-
J. J. RUM ELY, La port e.
Threshers.
Manufacturer
HON. NEWTON W. GILBERT. Angola,
Lieutenant Governor of Indiana.
CAPT. E. J. HOWARD, Jeflersonville,
Shipbuilder.
W. W. WICKS, BIcomington. Capitalist
MARLAND R. GARDNER, Wabash. Sec
retary Wabash Cabinet Company.'
COL. D. N. FOSTER, Fort Wayne. Merchant.
J. VESEY, Fort Wayne,
JUDGE WM.
Lawyer.
HENRY I. PARK. Kendallvllle. Secretary
Flint & Walling Manufacturing Company.
MA J. A. C. ROZENCRANZ, Evansville.
President Vulcan Plow Company.
W. G. IRWIN, Columbus, President I. G.
& F. R. R.
H. C. STARR, Richmond, Attorney. "
ROBERT K. DUNKERSON. Evansville,
President Old National Bank.
ADAM L. BECK, HunUngton, Manufac
turer. N
JAMES P. GOODRICH, Winchester, Lawyer.
STATE OF INDIANA.
OFFICE OF
AUDITOR OE STATE.
INDIANAPOLIS, Ind., February 3, 1902.
Whereas, The Inter-State Life Assurance Company, located at Indianapolis, in the State of Indiana, has com- 9
plied with all the requirements of the laws of this State applicable to said Company;
Now, Therefore, L W. H. Hart, Auditor of State of the State of Indiana, do hereby certify that the said Inter
State Life Assurance Company is authorized to transact its appropriate business of life insurance in this State, in
accordance with the laws thereof, until the 31st day of December, A. D. 1 902.
INSURANCE, DEPARTMENT.
seal
In Testimony Whereof, I hereto subscribe my name and affix the seal of my office, at Indianapolis, the day and year first written
above. y. H. HART, Auditor of State.
11
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I'i'iilm
3C
APPEALS TO THE COURT
JAMES 1). M'C'l'IJ.OIC.II SOT SATIS
FIED WITH DA.M.KJKS AWARDED.
The Opening of an Alley liy the Works
noitrd the iie DnuiflK Suits
Other Court Cases.
James E. McCullough. who protested
vainly against an order of the Board of
Public Works opening an alley from Merid
ian street to Pennsylvania street through
residence projerty owned by him on Merid
ian etreet between Twentieth and Twenty
first streets, ha3 appealed to the Circuit
Court from the decision of the city board
In allowing him only J350 for the property
condemned. In his complaint filed yes
terday with the court he says that he
remonstrated against the board's resolu
tion in November, 1001, but the board took
final action over his remonstrance on Dec.
2, lyOl. lie claims that the alley opened 'is
to much used that the value and comfort of
Iiis reridenc 1 Injured by the clouds of
dust aid the noise which result. He holds
that the city should pay him $1,050 for the
property condemned. Instead of $U50.
WHITES FIUST OPIXIOX.
the defendant company, whose switch en
gine ruck him. and that Brooks's own
negligence, under the circumstances, pre
cluded any recovery by his administrator.
The Supreme Court refused to grant a re
hearing in the case which grew out of the
failure of the Krag-Reynolds Company, of
Indianapolis, five years ago. The court
had previously held that the mortgages
given by the company Just before making
an assignment for the benefit of its cred
itors were invalid. The effect of the ruling
Is to require that the property of the com
pany shall be divided pro rata among all
the creditors.
The Supreme Court dismissed the appeal
of the Terre Haute & Logansport Railway
Company from a Judgment for re
covered by William Krdel as the cot of
building a fence between his land and the
railroud right of way.
.
TWO DAMAGE SUITS.
Judge (iillett's Work on the Supreme
Ilench Other Decision.
The opinion affirming the Judgment for
the defendant in the suit by the adminis
trator of William D. Rrcoks against the
1, C, C. & St. L.. handed down yesterday
by the Supreme Court, was written by
Judge Glllctt. It was his first opinion since
taking hl3 place on the bench ten days
ago. The suit was for damages growing
out of Brooks's death caused by being run
over ty a switch engine. The accident
happened at the State-street crossing In
Indianapolis nearly five years ago. The
evidence showed that Brooks was walking
with his head down when he was struck,
but the appellant tried to hold the railroad
company liable on the ground that Brooks
was a passenger on a freight train, and
the company was negligent in not provid
ing a safe place for him to alight and a
safe path from the place he left the train
to the street. Judge, GUlett said this neg
ligence, if there was any. was chargeable
to the C, II. & D. Company, and not to
BOY BU1XDING.
That Is the illusion of Good Pood.
There is an abundance of proof that food
can be selected that will build up a brain
&3 well as a body.
One ca.e Is that of a boy, and the de
scription is given by his mother, She says:
"This particular on has always had a deli
cate stomach, and when he was an infant
had cholera infantum for two or three sea
sons In succession; he was exceedingly
hard to rale. and was not well enough to
go to school when he became old enough."
The mother suys: Finally we concluded
to put him on Grape-Nuts exclusively and
ee what the food would do for him. We
did, and to our great astonishment our
boy improved dally. He is now hearty and
getting along in school unusually well. He
still depends upon Grape-Nuts for a goodly
hhare or his diet.
Whenever children are hungry at bedtime
It is always safe to let them eat Grape
Nuts and lt them go to bed. I came to
know the value of Grape-Nuts by using it
myself, and found that I wus unusually
well nourished and gained rapidly in
strength.
"Pleuse do not ue my name. By the
way, we abandoned coffee in our family
several yars ago. and have always used
Postum sdnce. Would as soon have the
I'.our barrel empty as be out of Postum."
Name can be given by Postum Co., Battle
Crttk, Mich.
The Defendant in Doth Cases Is the
Street-Hallway Company.
Two damage suits for considerable
amounts were filed yesterday against
the Indianapolis Street-railway Company.
Ulysses Grant Richardson wants $10,0u0
from the company to compensate him for
alleged permanent Injuries. He claims that
some months ago he was working for the
Manufacturers' Gas Company, digging a
trench at the Intersection of Georgia and
Illinois streets. A car approached the
place where he was working at the same
time a wagon was passing. Through the
negligence of the conductor of the car
Richardson claims the wagon wa3 knocked
over into the trench against him, causing
him serious hurt.
Thomas C. L.ewis says that he signaled a
car at the corner of Alabama and St. Clair
streets for the purpose of getting on, and
that while the car slowed sufficiently for
him to get a hold on the hand railing the
conductor started the car before he cou'id
get a tlrm footing. As a result, he alleges,
that he was thrown to the ground and
badly hurt. Lewis thinks $T.,0o0 will pay
him for his injuries.
CASES OF POLICY ME,
granted a temporary restraining order
against E. R. Week, A. M. Weeden. A. D.
Smith, the Anderson Trust Company and
the Alexandria Gas Company and a number
of others. It Is charged that Weeden, Smith
and Week, directors of the gas company,
failed to carry out a contract by which
the complainants were to buy the stocks
and bonds of the company, amounting to
$S3,X). Part of the agreement was car
ried out, but It is alleged that Weeden,
Smith and Week failed to secure all the
stock to turn over to the buyers. The re
Ftraining order enjoins the old stockholders
of the company from selling their stock
until the case can be tried.
To Enjoin Enst Chicago.
In the United States Court suit has been
brought against the East Chicago and
Northern Indiana Water Company, the
Lake County Water and Light Company
and -the city of Kast Chicago. Ind. The
complainant is the -Fidelity Trust and
Guaranty Company of Buffalo. It is
averred that the city of East Chicago
declined to purchase the plants of the water
companies as R promised, and they went
into the hands of a receiver. The Buffalo
company holds the bonds of the water com
pany and now brings suit to have the au
thorities of East Chicago enjoined from
removing the pipe and other material of
the companies and substituting a plant of
its own.
An Immediate Jnry Trial Demanded
1- Their Attorney.
In Police Court yesterday tho cases of
Charles Sanders, WMiam Brown. "Cooney"
Keever, Jack Rattle and John Smith,
charged with operating policy games, were
continued until Feb. 12.
Taylor Gronnlnger, who appeared for the
men, insisted upon a Jury trial at once. The
men were arretted two weeks ago. and
upon their application a continuance was
granted until yesterday. The continuance
yesterday was requested by Prosecutor Col
lins, who said the Police Court business
was so heavy that it would be impossible
to try the men by Jury. There was a
stormy argument between opposing counsel,
the defendants insisting upon trial, because
they believed the evidence against them
had been presented to the grand Jury, which
would return indictments. With their cases
tried in Podce Court, in the event of ac
quittal, there would be a better chance to
defeat any subsequent trials.
L.lt of New Jurors.
The list of Jurors drawn yesterday by
County Clerk George B. Elliott and the
Jury commissioners is made up of the fol
lowing names: Room 2 Fred Prange. Law
rence township; M. V. Hinds. Lawrence;
Michael J. Mescall. city; John Scroggins,
Perry; William McFarland. Perry: Asa
McCorkle. Tike; Jacob Stokes, city; Wil
liam Compton. cltv; Fred Brommer. city;
Chris Cass. Pike; Patrick Readdy. Wayne;
Sanford Plummer, Decatur. Room 3 John
Kolp. Pike; Ad Townsend. city: Joslah
Dorn, city: Samuel W. Rrown. Franklin;
Renjamln Morgan. Perry; Samuel Goddard.
city; Thomas C. Cain, city: Eli King, city;
Samuel B. Allen. Warrtn; George M. Mc
llvaln. Lawrence: Joseph A. Burnett. De
catur; Perry G. Rice. Washington. Tales
men: Louis Lang. Wayne: Charles H. Mc
Lain. Perry; Charles Burroughs. Pike;
Geo. D. Hill, city; Oliver Lynch. Lawrence;
Thomas R. Reno. Perry; J. P. Tedrowe,
city; Charles L. Hartman. Center; Amos K.
Mllhouse, Decatur; Fred Powell. Washing
ton; Francis D. Bowers, Pike, and August
Kaiser, city.
Appeal to Federal Court.
In the United States Court Wilber &
Herring, of Lima, O., and the Federal Oil
Company, a New Jersey corporation, vvers
Argument In Saloon Case.
Additional argument was heard yesterday
by Judge Allen, in the Circuit Court, in the
Fourth ward remonstrance case. The at
torneys for Schäfer maintained that the
powers of attorney granted on Sunday to
the temperance workers were illegal, even
if they had been renewed on another day
before the remonstrance against the grant
ing of the license was tiled In the commis
sioners court.
Didn't Like the Sermon
According to the provisions of a will of
fered for probate before Commissioner
Walker, Isaac D. Lemmon for a peculiar
reason changed his mind about leaving $5u0
to the Edwin Ray M. E. Church. In Feb
ruary, 1W1, Lemmon provided that the
church should have the amount named at
his death, but after hearing a sermon
preached in May he inserted a codicil that
revoked the bequest.
THE CO HIT It ECO It D.
SUPERIOR COURT.
Room 1 John L. McMaster, Judge.
Lester Miller et al. vs. Indiana Lumber
and Veneer Company; damages. Finding
and Judgment for plaintiff against defend
ant for $100 and costs.
Room 3 Vinson Carter, Judge.
Alexander L. H. Messmer vs. Franz Ste
fanek et al.; replevin. On trial by court.
CRIMINAL COURT.
Fremont Alford, Judge.
Grand Jury received instructions from
the court and retired.
CIRCUIT COURT.
Henry Clay Allen, Judge.
Susan I. Armond vs. John W. Armond;
divorce. Finding for plaintiff, decree of
divorce, plaintiff given custody of child.
Arthur Armond. Defendant given custody
of Guy Armond. Judgment against de
fendant for costs.
Frederick Hartman vs. Henry Lard
mfier's estate; claim. Submitted to court.
Allowed for JC5 at costs of estate.
City of Indianapolis vs. Lewi Shank;
from City Court. Plaintiff declines to
phad over. Judgment on demurrer to com
plain against plaintiff for costs.
Charles W. Scanlin vs. Anna Beyer; re
plevin. Defendant defaulted. Submitted to
court. Finding for plaintiff and that
plaintiff is owner of and entitled to posses
sion of property one diamond ring and one
gold watch. Judgment against defendant
for costs.
Milton W. Eddlngs vs. Mary Eddings: di
vorce. Dismissed for want of prosecution.
Judgment against plaintiff for cots.
State Bank of Indiana vs. William H.
Kegley et al.; supplemental. Dismissed by
plaintiff. Judgment against plalntlfT for
costs.
William F. Prince vs. Annie Prince; di
vorce. Submitted to court.
NEW SUITS FILLED.
Thomas Clark Lewis vs. the Indianapolis
Street-railway Company; damages. Cir
cuit Court.
James E. McCullough vs. the City of In
dianapolis; apptal from an order of the
Board of Public Works. Superior Court
Ulyascs Grant Richardson vs. the Indlan-t
apolis Street-railway Company; damages.
Superior Court, Room 1.
Robert Thomas vs. the Capital Paving
and Construction Company. Circuit Court.
HIGHER COURTS RECORD.
SUPREME COURT.
19001. Reagan, trustee, vs. First National
Bank. Marion S. C. Petition for rehearing
overruled. Jordan, C. J. Where a party
has by contract precluded himself from
attacking a conceded fraud which Is im
pressed upon an Instrument under which
he claims he must accept the consequences
of such fraud.
19C3S. T. II. & L. Railway Company vs.
Erdel. Clinton C. C. Dismissed. Hadley,
J. 1. In order to get the benefit of an ap
peal under Section 8 of the acts of 1901, P.
506. for the construction of a statute the
record must affirmatively show that some
statute or provision thereof Is reasonably
subject to more than one construction or
may be reasonably regarded as ambiguous
or uncertain in meaning, and that the ques
tion presented invokes an interpretation of
the statute and affects the rights of the
party presenting it. 2. The phrase "con
struction of a statute" as used in said sec
tion means to interpret, to elucidate, to
define and declare the meaning of that
which is obscure and uncertain, and can
have no application to a statute in which
there is nothing doubtful or ambiguous In
its terms.
19321. Brooks vs. P., C, C. & St. L. Rail
way Company. Marlon S. C. Affirmed.
GUlett, J. 1. Where a shipper riding on a
railway train as a passenger alights from
the train in the switch yard of the com
pany and in getting from the yard he at
tempts to pass over the tracks of another
company the latter is not responsible for
an injury caused him by one of its ap
proaching engines when his position and
peril Is not known to the servants in charge
thereof. 2. To constitute a willful injury
the act which produced it must have been
intentional or must have been done un
der such circumstances as evidenced a
reckless disregard for the safety of others
and a willingness to intlict the injury com
plained of.
19749. Royse vs. E. & T. II. Railroad Com
pany. Knox C. C. Publication ordered and
issued.
1S7. Dixon vs. Poe. Sullivan C. C.
Leave granted to withdraw transcript.
P., C, C. & St. L. Railway Com
pany vs. Fish. Pulaski C. C. Oral argu
ment Feb. 2G, 1902.
Minutes.
19720. Cynthia Ann Whittenberger et al.
vs. William Bower et al. Huntington C.
C. Appellant's petition for leave to index.
19"ttt. C. I. & L. Railway Company vs.
Patrick McGuire et al. White C. C. Ap
pellee's petition for leave to withdraw first
five pages of its brief.
1972$. T. H. & I. Railroad Company vs.
State of Indiana ex rel. William A. Ketch
am, attorney general. Marion S. C. Appel
lees' petition for extension of time to file
brief.
1&415. The P.. C., C. & St. L. Railway
Company vs. Ernestina MachUr et al. La
porte C. C. Appellant's petition for ad
ditional time for argument denied.
New Case.
19778. Samuel Jacob et al. vs. William
Richard White. Marshall C. C. Trans
ferred under act of 1901 from A. C, 374.
APPELLATE COURT.
341S. Pape vs. Ferguson. Allen S. C. Af
firmed. Robinson. P. J. 1. Only such ob
jections to the introduction of evidence as
are made to the trial court will be con
sidered on appeal. 2. If an answer is re
sponsive to a question to which no objec
tion is made a motion to strike out the
answer is not available. 3. In arriving at
the actual damage for failure to furnish an
article the court is not in all cases neces
sarily limited to any particular market
value. 4. Where it is contended that a con
tract has been abandoned by one of the
parties a letter offering to compromise their
differences may be offered in evidence to
show that there had been no intention of
abandoning the contract. 5. Damages for
breach of contract are such loss as may be
traced as the direct results of the broken
contract. (5. Where timber Is purchased for
the purpose of a special resale and that
fact is known to both parties to the con
tract at the time of its formation the meas
ure of damages on account of a breach
thereof is the pront which would have ac
crued hAd the seller performed his part of
the contract.
4f60. Hawes vs. Kepley. Floyd C. C. Re
versed. Roby, J. 1. Executors of wills have
the right to have the will under which
they operate construed only when the pro
visions thereof are ambiguous or doubt
ful. Where a will is plain upon its face
courts will not entertain a suit to construe
it. nor unless it Is shown that there Is an
Immediate necessity for construction. 2. In
an action to construe a will so that the
executor may make the proper distribution
Perry C. C.
Perry C. C.
to the legatees the complaint must show
that there is a fund for distribution. 3.
The implication of a gift by a testator must
be drawn wholly from the will itself and
not aided by extrinsic testimony, and must
be stronger than mere conjecture. It muit
be the only conceivable inference on the
particular point. 4. The presumption 13
strong against any bequest having been
Intended which has not been set forth in
the testator's will.
4131. Tribe of Ben-Hur vs. Klinefelter.
Lake S. C. Leare granted to index.
4100. Ragle vs. Mattox. Sullivan C. C.
Leave granted to index.
419S. Zuelly vs. Casper.
Leave granted to Index.
4199. Zuelly vs. Casper.
Leave granted to Index.
3754. Jack vs. Richard. Marshall C. C.
'Application to transfer to Supreme Court
granted.
Minutes.
3715. City cf Indianapolis et al. vs. Board
of Church Extension, United Presbyterian
Church. Marlon S. C. Appellee's additional
brief.
40Ö1. Salem-Bedford Stone Company et al.
vs. Joel L. Hobbs, administrator. Law
rence C. C. Appellee's motion, notice and
brief (2) to dismiss.
34S1. Frank J. Carlin et al. vs. Patrick
C. Leary. Marion C. C. Appellant's peti
tion to transfer to S. C.
3616. City of Logansport vs. Katie Rlhm.
White C. C. Appellee's additional authori
ties (3.)
New Case.
4331. Frank B. Froelich vs. State of In
diana, Record; assignment of errors; no
tice to prosecuting attorney served; sub
mitted under Rule 19.
SCALE IS DISCUSSED.
(CONCLUDED FROM FIRST" PAGE.)
an opportunity to speak upon the scale be
fore It was referred to the scale commit
tee. He said If there was anybody in the
hall thät wished to discuss it the time had
arrived for them to do so. He said if there
was a miner who could give a good reason
whyan increase should be granted he should
present . his argument. Vice President
Lewis then took the floor and said: "If
there Is any miner In this hall who has
anything to say on the wage scale let him
come out and say It now or forever hold
his peace."
Delegate Hale, of the miners, said they
ought to have an increase In wages because
every other trade had received an advance
in wages. He said it would be impossible
for the miners to feed their families unless
they were given an increase. His broad
Irish accent and ready wit frequently
caused the convention to burst into laugh
ter. He said: "If the price of coal hasn't
advanced it's got to advance now to pay
this 10 per cent, increase." He said the
miners should get a 50 per cent, increase,
and asked the operators how they would
get along on $16 or $18 every two weeks and
pay house rent. He said the operators spent
more money for cigars in one year than the
miners received in wages, and concluded
by saying that the miners only wanted to
be "treated as humans should be treated."
The question was put, and the operators
voted solidly against it and the miners
for It.
THE SECOND CLAUSE.
The second clause of the scale, asking for
an absolute run-of-mine system through
out the entire competitive field, was the
next proposition considered. Delegate Al
len, of Indiana, said the operators of this
State went to the run-of-mine basis be
cause they could not sell their coal on the
screened basis. He said they found it more
profitable to pay on the run-of-mine basis
and then screen the coal to suit them
selves. Patrick HIggins, of Illinois, said the rea
son the operators complained about the
way coal would be mined on a run-of-mine
basis was because they employed any
"clod-hopper" to do the mining. He said a
practical miner will do better werk on the
run-of-mine system.
John P. Reese again took the floor. He
said the operators had not only refused one
demand of the miners, but all seven. He
said the miners ought to go Into executive
session and decide what they Intend to do.
"We have been told that we will not get
the mine run," said he. "and it is time the
miners should learn that the way to do
business is to do business. Our entreaties
have failed to get run of mines. The only
question that remains is whether we are
biff enough to get it. We are entitled to it.
As to the price of coal, if the selling price
is cheaper, whose fault is it?" He then
said that the operators claimed that the
contract price to railway companies had
been lower than In 1900. He said the rail-
r
ways, the pluck-me stores and the coal
companies In many instances are one and
the same thing, and that it was but natural
that the railways should get a better price
than the retail trade. "A3 t run of mine,"
he said, "we are here to settle it, and let us
settle it once and for all. We should either
get it now or quit."
RECEIVED WITH INDIFFERENCE.
Reese's speech was received with the
same indifference on the part of the opera
tors that was shown by the miners when
Robbins got through with his address at
the opening of the session.
The West Virginia situation was only
touched on when Chris Evans spoke. He
said that State Is on the run-of-mlne sys
tem and that the operators had representa
tives on the scale committee while the
miners of West Virginia had none. The
roll was called at the conclusion of Evans's
speech, which resulted in the operators
standing together against It and the miners
for it. This placed the Illinois operators
as voting against the system which is now
the basis of payment in that State.
The demand for a uniform wage scale
for all outside laborers and eight hours a
day met the same fate without discussion.
The demand for a differential of 7 cents
between pick and machine mining was lost
by the same even vote and without discus
sion on the part of the operators. Again
the Illinois operators voted against their
own system.
The demand for an increase In the wsges
of drivers and inside workmen to $12S a
day and an advance of 10 per cent., the de
mand for an open powder market and the
establishment of the check-oft system In
competitive fields were lost by the opera
tors all voting against them and the miners
for th'm.
When the debate on the scale was fin
ished one deleg-ate wanted to know If the
operators came here to make a scale or
just to have a trip to Indianapolis. F. L.
Robbins then moved to again refer the
scale to the scale committee, but withdrew
the motion at the request of President
Mitchell to allow the miners to meet and
take up the matter at 9 o'clock this morn
ing. Throughout the afternoon the best of
feeling was apparent between operators
and miners. As each question was called
and the operators voted "no" and the
miners "aye" both sides joined In a laugh.
NOW DOWN TO BUSINESS.
Pennsylvania never did such a thing and
they will not do it now. The Pennsylvani a
miners, while the district is not as well
organized as some, have fought Just as
hard for what they have as any other dis
trict, and they are ready to stand by the
organization In any and all of its demands."
President W. D. Van Horn, of the In
diana district, said: "The miners of In
diana are prepared to stand by all of the
propositions and any action taken by th
national organization."
The Illinois miners hare practically all
that Is asked for with the exception of the
10 per cent. Increase, and they will fight
for that to th last.
As the situation stands the Illinois opera
tors have little interest in the scale except
as to an increase, and it is believed that
rather than precipitate a strike in that
State by voting to support the Eastern
operators in fighting the run of mine and
differential they will vote for them, which
would only be voting for something they
already have. It is this point that pre
sents the most serious phase. Should Illi
nois take such a step it is feared that
Pennsylvania and possibly Ohio might with
draw from the Joint agreement. Whatever
may be the decision as to holding intact
the agreement, the miners are a unit so far
in asking a full concession. It is believed
that Indiana will come to a run of mine
if It Is necessary to avoid a strike, in which
event the miners would only have a fight
in Ohio and Pennsylvania.
The situation Is such that the officers of
the mine workers and leaders among th
operators refuse to discuss it. Neither ?ile
wants a strike, and all possible means will
be employed to avert one. This fear of a
contest has caused many to express their
opinion that In the end a settlement will be
effected.
FOUGHT HEE RESCUER.
The Miners Discuss the Scale In Ex
ecutive Seiiion.
For the first time since the conference
of the coal operators and miners began
the delegates to the convention last night
discussed the proposed wage scale with
serious faces. After the conference ad
journed yesterday afternoon the miners
held an executive meeting and unanimous
ly decided to stand by every proposition
submitted to the operators. The session
was short, which clearly indicates the posi
tive stand the miners have taken. It is
now "up to" the operators to make a move.
Wi'h the exception of a demand for an in
crease in wages all the other propositions
are practically to establish uniformity
throughout the competitive field. On these
questions the miners have nothing to com
promise, they say, as it merely means the
placing of all operators on an equal footing.
Of these questions the run of mine and ma
chine differential are the most important,
and the miners of Ohio and Pennsylvania,
which States are more particularly afftcted.
ask these concessions because they say
they are entitled to them. The position
the miners have taken makes It positive
that unkss the operators make some con
cessions the conference will adjourn with
out an agreement, and it is expected that
by to-morrow night the result will be
known.
A report has been circulated that the
miners of Ohio and Pennsylvania mlnht
f how an inclination to stand by their opera
tors on the questions of run of mine and
machine differential. President W. H. Has
klns. of the Ohio district, said last night:
"The Ohio miners are with the miners in
every demand, and 1 can positively say that
they will stand by any demand that is
made."
President Patrick Dolan. of the Penn
sylvania district, said: "The miners of
Pitiable Plight of Anna Hayes, a Deaf
and Dumb Domestic.
Anna Hayes, a servant in the home of
John R. Welch, was terribly burned yes
terday morning. Her dress caught fire
from a gas jet under a water tank In the
laundry. Miss Hayes Is deaf and dumb
and was unable to make an outcry. Sho
tried to put out the fire, and -when the fire
had burned through her-clothing she be
came frantic and rushed upstairs. In tl e
kitchen she met Mrs. Welch, who tried to
assist her in putting out the fire but was
unable because the girl in her fright fought
her. not knowing that an effort was tetnjj
made to assist her. Mrs. Welch grabbed a
hfiavy cape and tried to put out the fire,
but was unable. The servant girl prabbed
her and the two struggled with each othi-r
until Mr. Welch entered. He was able to
throw the girl to the floor and smother tho
flames with his overcoat. She was sent to
St. Vincent's Hot-pital and last night wsi
dolng fairly well. The physician said ths
reports of her injuries were somewhat ex
aggerated, although death might result ul
timately. CONCORDIA SOCIETY.
The Annual Masque Hall Is Given at
Grrmnnl Hall.
The twenty-fourth annual masque ball of
the Concordia Society was given la?t night
In Germania HalL The Interior of the hall
was tastefully decorated. Along the bal
cony were long streamers of evergreen. In
the center, hanging from the cellln?. were
a number of incandescent electric lights
with red coverings. In front of the stage
a screen mede of evergreen and red roses
ran the entire length.
The grand march began at 9 o'clock,
headed by Lawrence Willhoff, president of
the t-ociety, and lady. There were about
two hundred couples in line. The floor
committee was composed of Mers. Georc
Bedell. George Predwater, Al Hose, Wil
liam Stumph and Lawrence Wllhoff.
Patent on nioke-Coninmlng Furnare.
Henry G. Cox, a teacher in the Manual
Training High School, has been granted a
patent on a smoke-consuming furnace. Ills
device has b-en In use in a local establish
ment with some success, and word was re
ceived yesterday that the patent had been
grante . Mr. Cox livas at 205 Ea?t Elev
enth tireet.
This signature la on etery boa of ihm gen o in
Laxative uromo-UuinineTsueu
rcxuoo xusi core a col 4 la one Oay.
